Karnataka High Court
Bharat vs Yogesh And Ors on 9 December, 2023
1
HIGH COURT LEGAL SERVICES COMMITTEE,
KALABURAGI
BEFORE THE LOK-ADALAT
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF DECEMBER,
2023
CONCILIATORS PRESENT
THE HON'BLE MR. JUSTICE C.M.JOSHI
AND
SRI LIYAQAT FAREED USTAD , MEMBER
M.F.A. NO.202123/2023 (MV)
Lok Adalat No. 494/2023
BETWEEN:
BHARAT S/O DEUBA AKALE,
AGE: 54 YEAR, OCC: DRIVER,
R/O DONGARGAON, TQ.MANGALWEDA,
DIST.SOLAPUR, NOW RESIDING AT DOBLE GALLI,
VIJAYAPURA-586101. ...APPELLANT
(BY SRI BAPUGOUDA SIDDAPPA, ADVOCATE)
AND:
1. YOGESH S/O KAMALAKAR BIRAJDAR,
AGE: 50 YEARS, OCC: BUSINESS,
R/O SALEGAON, TQ.LOHARA,
DIST.OSMANABAD-413604 (MAHARASHTRA STATE)
(REGISTERED OWNER OF BOLERO
PICKUP BEARING REG. NO.MH-25/P-5144).
2. RANJIT S/O KAMALAKAR BIRAJDAR,
AGE: 52 YEARS, OCC: BUSINESS,
2
R/O SALEGAON, TQ.LOHARA,
DIST.OSMANABAD-413 604. (MAHARASHTRA
STATE).
INSURED OF BOLERO PICKUP BEARING REG.NO.MH-
25/P-5144)
3. THE BRANCH MANAGER,
THE ORIENTAL INSURANCE COMPANY LTD.,
1ST FLOOR, BIDARI COMPLEX,
S.S.FRONT ROAD, VIJAYAPURA-586101.
...RESPONDENTS
(V/O DATED 03.07.2023
NOTICE TO R1 AND R2 IS DISPENSED WITH;
BY SRI S.S.ASPALLI, ADVOCATE FOR R3)
This Miscellaneous First Appeal is filed under Section
173(1) of M.V. Act, praying to call for the records and
modify the judgment and award passed by the Court of the
II Additional Senior Civil Judge and Member Motor Accident
Claims Tribunal No.VII Vijayapura at Vijayapura in MVC
No.556/2020 dated 02.01.2023 and be pleased to allow
the claim petition by granting the relief as prayed far by
the appellant in the interest and justice and equity.
These appeal coming on for Conciliation before Lok
Adalat, this day, the following order is passed:
CONCILIATION ORDER
Sri. S.S.Aspalli has filed vakalath for respondent
No.3-insurance company. Office is directed to show the
name of Sri.S.S.Aspalli in the case list.
2. The learned counsel for the Appellant/Claimant
and the representative of Respondent-Insurance Company
along with its counsel are present.
3. After prolonged negotiations, the matter is
settled. The Appellant/Claimant has agreed to receive and
the Respondent-Insurance Company has agreed to pay a
global compensation of Rs.1,00,000/- (Rupees Forty
Thousand only), in addition to what has been awarded by
the Tribunal, in full and final settlement of the claim. A
joint Memo is filed on behalf of the parties to this effect.
Same is accepted.
4. The entire amount shall be released in favour
of the Claimant.
5. The Respondent-Insurance Company has
agreed to deposit the said amount before the Tribunal
within six weeks from the date of preparation of Award,
failing which the said amount shall carry interest at the
rate of 9% p.a. from the date of default, till the date of
deposit.
6. The Miscellaneous First Appeal stands disposed
of in terms of the Joint Memo. The award of the Tribunal
shall stand modified accordingly. Draw up the award
accordingly.
Sd/-
JUDGE
Sd/-
MEMBER
SMP
